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Does a person who has an occupational injury or illness also have a “serious health condition” under the FMLA?

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Does a person who has an occupational injury or illness also have a “serious health condition” under the FMLA?

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If the person is out of work for more than three days or requires continuing treatment by a medical provider, the injured employee would also have a serious health condition. The Office of State Personnel rules, however, do not allow an employer to count time out for a worker s compensation injury as leave under the FMLA if the person is out of work drawing temporary total disability.

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